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Author: Dennis R. Klinck
Publisher: Routledge
ISBN: 1317161955
Category : History
Languages : en
Pages : 328
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Book Description
Judicial equity developed in England during the medieval period, providing an alternative access to justice for cases that the rigid structures of the common law could not accommodate. Where the common law was constrained by precedent and strict procedural and substantive rules, equity relied on principles of natural justice - or 'conscience' - to decide cases and right wrongs. Overseen by the Lord Chancellor, equity became one of the twin pillars of the English legal system with the Court of Chancery playing an ever greater role in the legal life of the nation. Yet, whilst the Chancery was commonly - and still sometimes is - referred to as a 'court of conscience', there is remarkably little consensus about what this actually means, or indeed whose conscience is under discussion. This study tackles the difficult subject of the place of conscience in the development of English equity during a crucial period of legal history. Addressing the notion of conscience as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how the concept was understood and how it figured in legal judgment. Drawing upon both legal and broader cultural materials, it explains how that understanding differed from modern notions and how it might have been more consistent with criteria we commonly associate with objective legal judgement than the modern, more 'subjective', concept of conscience. The study culminates with an examination of the chancellorship of Lord Nottingham (1673-82), who, because of his efforts to transform equity from a jurisdiction associated with discretion into one based on rules, is conventionally regarded as the father of modern, 'systematic' equity. From a broader perspective, this study can be seen as a contribution to the enduring discussion of the relationship between 'formal' accounts of law, which see it as systems of rules, and less formal accounts, which try to make room for intuitive moral or prudential reasoning.
Author: Dennis R. Klinck
Publisher: Routledge
ISBN: 1317161955
Category : History
Languages : en
Pages : 328
Get Book
Book Description
Judicial equity developed in England during the medieval period, providing an alternative access to justice for cases that the rigid structures of the common law could not accommodate. Where the common law was constrained by precedent and strict procedural and substantive rules, equity relied on principles of natural justice - or 'conscience' - to decide cases and right wrongs. Overseen by the Lord Chancellor, equity became one of the twin pillars of the English legal system with the Court of Chancery playing an ever greater role in the legal life of the nation. Yet, whilst the Chancery was commonly - and still sometimes is - referred to as a 'court of conscience', there is remarkably little consensus about what this actually means, or indeed whose conscience is under discussion. This study tackles the difficult subject of the place of conscience in the development of English equity during a crucial period of legal history. Addressing the notion of conscience as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how the concept was understood and how it figured in legal judgment. Drawing upon both legal and broader cultural materials, it explains how that understanding differed from modern notions and how it might have been more consistent with criteria we commonly associate with objective legal judgement than the modern, more 'subjective', concept of conscience. The study culminates with an examination of the chancellorship of Lord Nottingham (1673-82), who, because of his efforts to transform equity from a jurisdiction associated with discretion into one based on rules, is conventionally regarded as the father of modern, 'systematic' equity. From a broader perspective, this study can be seen as a contribution to the enduring discussion of the relationship between 'formal' accounts of law, which see it as systems of rules, and less formal accounts, which try to make room for intuitive moral or prudential reasoning.
Author: Mark Fortier
Publisher: Routledge
ISBN: 1317036670
Category : Literary Criticism
Languages : en
Pages : 232
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Book Description
Elizabeth and James, Sidney, Spenser, and Shakespeare, Bacon and Ellesmere, Perkins and Laud, Milton and Hobbes-this begins a list of early modern luminaries who write on 'equity'. In this study Mark Fortier addresses the concept of equity from early in the sixteenth century until 1660, drawing on the work of lawyers, jurists, politicians, kings and parliamentarians, theologians and divines, poets, dramatists, colonists and imperialists, radicals, royalists, and those who argue on gender issues. He examines how writers in all these groups make use of the word equity and its attendant notions. Equity, he argues, is a powerful concept in the period; he analyses how notions of equity play a prominent part in discourses that have or seek to have influence on major social conflicts and issues in early modern England. Fortier here maps the actual and extensive presence of equity in the intellectual life of early modern England. In so doing, he reveals how equity itself acts as an umbrella term for a wide array of ideas, which defeats any attempt to limit narrowly the meaning of the term. He argues instead that there is in early modern England a distinct and striking culture of equity characterized and strengthened by the diversity of its genealogy and its applications. This culture manifests itself, inter alia, in the following major ways: as a basic component, grounded in the old and new testaments, of a model for Christian society; as the justification for a justice system over and above the common law; as an imperative for royal prerogative; as a free ranging subject for poetry and drama; as a nascent grounding for broadly cast social justice; as a rallying cry for revolution and individual rights and freedoms. Working from an empirical account of the many meanings of equity over time, the author moves from a historical understanding of equity to a theorization of equity in its multiplicity. A profoundly literary study, this book also touches on matters of legal an
Author: Susan Broomhall
Publisher: Springer
ISBN: 1137531169
Category : History
Languages : en
Pages : 229
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Book Description
This collection explores how situations of authority, governance, and influence were practised through both gender ideologies and affective performances in medieval and early modern England. Authority is inherently relational it must be asserted over someone who allows or is forced to accept this dominance. The capacity to exercise authority is therefore a social and cultural act, one that is shaped by social identities such as gender and by social practices that include emotions. The contributions in this volume, exploring case studies of women and men's letter-writing, political and ecclesiastical governance, household rule, exercise of law and order, and creative agency, investigate how gender and emotions shaped the ways different individuals could assert or maintain authority, or indeed disrupt or provide alternatives to conventional practices of authority.
Author: Barbara J Shapiro
Publisher: Bloomsbury Publishing
ISBN: 1509934235
Category : Law
Languages : en
Pages : 272
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Book Description
This book provides an illuminating commentary of law reform in the early modern era (1500–1740) and views the moves to improve law and legal institutions in the context of changing political and governmental environments. Taking a fresh look at law reform over several centuries, it explores the efforts of the king and parliament, and the body of literature supporting law reform that emerged with the growth of print media, to assess the place of the well-known attempts of the revolutionary era in the context of earlier and later movements. Law reform is seen as a long term concern and a longer time frame is essential to understand the 1640–1660 reform measures. The book considers two law reform movements: the moderate movement which had a lengthy history and whose chief supporters were the governmental and parliamentary elites, and which focused on improving existing law and legal institutions, and the radical reform movement, which was concentrated in the revolutionary decades and which sought to overthrow the common law, the legal profession and the existing system of courts. Informed by attention to the institutional difficulties in completing legislation, this highlights the need to examine particular parliaments. Although lawyers have often been seen as the chief obstacles to law reform, this book emphasises their contributions – particularly their role in legislation and in reforming the corpus of legal materials – and highlights the previously ignored reform efforts of Lord Chancellors.
Author: John Baker
Publisher: Oxford University Press
ISBN: 0192540734
Category : Law
Languages : en
Pages : 736
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Book Description
Fully revised and updated, this classic text provides the authoritative introduction to the history of the English common law. The book traces the development of the principal features of English legal institutions and doctrines from Anglo-Saxon times to the present and, combined with Baker and Milsom's Sources of Legal History, offers invaluable insights into the development of the common law of persons, obligations, and property, and also of criminal and public law. It is an essential reference point for all lawyers, historians and students seeking to understand the evolution of English law over a millennium. The book provides an introduction to the main characteristics, institutions, and doctrines of English law over the longer term - particularly the evolution of the common law before the extensive statutory changes and regulatory regimes of the last two centuries. It explores how legal change was brought about in the common law and how judges and lawyers managed to square evolution with respect for inherited wisdom.
Author: John C. P. Goldberg
Publisher: Cambridge University Press
ISBN: 1108421318
Category : Law
Languages : en
Pages : 483
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Book Description
The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.
Author: Peter R. Anstey
Publisher: Routledge
ISBN: 1315452677
Category : Philosophy
Languages : en
Pages : 299
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Book Description
This collection presents the first sustained examination of the nature and status of the idea of principles in early modern thought. Principles are almost ubiquitous in the seventeenth and eighteenth centuries: the term appears in famous book titles, such as Newton’s Principia; the notion plays a central role in the thought of many leading philosophers, such as Leibniz’s Principle of Sufficient Reason; and many of the great discoveries of the period, such as the Law of Gravitational Attraction, were described as principles. Ranging from mathematics and law to chemistry, from natural and moral philosophy to natural theology, and covering some of the leading thinkers of the period, this volume presents ten compelling new essays that illustrate the centrality and importance of the idea of principles in early modern thought. It contains chapters by leading scholars in the field, including the Leibniz scholar Daniel Garber and the historian of chemistry William R. Newman, as well as exciting, emerging scholars, such as the Newton scholar Kirsten Walsh and a leading expert on experimental philosophy, Alberto Vanzo. The Idea of Principles in Early Modern Thought: Interdisciplinary Perspectives charts the terrain of one of the period’s central concepts for the first time, and opens up new lines for further research.
Author: Derek Dunne
Publisher: Springer
ISBN: 1137572876
Category : Literary Criticism
Languages : en
Pages : 229
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Book Description
This book, the first to trace revenge tragedy's evolving dialogue with early modern law, draws on changing laws of evidence, food riots, piracy, and debates over royal prerogative. By taking the genre's legal potential seriously, it opens up the radical critique embedded in the revenge tragedies of Kyd, Shakespeare, Marston, Chettle and Middleton.
Author:
Publisher: Martinus Nijhoff Publishers
ISBN: 9004262202
Category : Law
Languages : en
Pages : 229
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Book Description
Quite by accident, Roman law and English law share a peculiar dual structure. In both systems, the law (ius civile, Common law) was supported, amended and corrected by a second legal source (ius honorarium, Equity) found in the jurisdiction of particular magistrates. How did this dual structure come into being in Rome and England, and how did it influence legal developments? In Law & Equity: Approaches in Roman law and Common law, seven specialists explore the origins and consequences of this interaction. The history of equity and law is treated by Willem Zwalve, Paul Brand, David Ibbetson and Mike Macnair, while John Cartwright, Hendrik Verhagen, Frits Brandsma and Willem Zwalve offer a comparative legal history on issues of substantive law.
Author: Todd Butler
Publisher: Oxford University Press
ISBN: 0192582356
Category : Literary Criticism
Languages : en
Pages : 288
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Book Description
Drawing upon a myriad of literary and political texts, Literature and Political Intellection in Early Stuart England charts how some of the Stuart period's major challenges to governance—the equivocation of recusant Catholics, the parsing of one's civil and religious obligations, the composition and distribution of subversive texts, and the increasing assertiveness of Parliament—evoked much greater disputes about the mental processes by which monarchs and subjects alike imagined, understood, and effected political action. Rather than emphasizing particular forms of political thought such as republicanism or absolutism, Todd Butler here investigates the more foundational question of political intellection, or the various ways that early modern individuals thought through the often uncertain political and religious environment they occupied, and how attention to such thinking in oneself or others could itself constitute a political position. Focusing on this continuing immanence of cognitive processes in the literature of the Stuart era, Butler examines how writers such as Francis Bacon, John Donne, Philip Massinger, John Milton, and other less familiar figures of the seventeenth-century evidence a shared concern with the interrelationship between mental and political behavior. These analyses are combined with similarly close readings of religious and political affairs that similarly return our attention to how early Stuart writers of all sorts understood the relationship between mental states and the forms of political engagement such as speech, oaths, debate, and letter-writing that expressed them. What results is a revised framework for early modern political subjectivity, one in which claims to liberty and sovereignty are tied not simply to what one can do but how—or even if—one can freely think.
